Scott, Slough & Co. v. Stallsworth
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. Stallswoeth sued one Thom before a justice, and there had judgment; afterwards he summoned Huntington & Cleveland as garnishees, but the/ answered, that although they were indebted to Thom, yet they had been notified by Scott, Slough & Co. that Thom had assigned the debt to them. Scott, Slough & Co. were thereupon summoned as transferees to contest the plaintiff’s claim.
Read the full summary
Writ of Error to the Circuit Court of Mobile. Stallswoeth sued one Thom before a justice, and there had judgment; afterwards he summoned Huntington & Cleveland as garnishees, but the/ answered, that although they were indebted to Thom, yet they had been notified by Scott, Slough & Co. that Thom had assigned the debt to them. Scott, Slough & Co. were thereupon summoned as transferees to contest the plaintiff’s claim. The justice gave judgmént in favor of Stallsworth, and Scott, Slough & Co. appealed to the county court. When the issue was about to be made, the transferees insisted Stallsworth…
1Opinion of the CourtGoldthwaite, J.
— 1. Upon the first point made by the plaintiffs in error, we think the decision made by us in Camp v. Hatter, 11 Ala. R. 151, is conclusive. We then held, that in an issue between the transferee of the debt admitted to be due by the garnishee, it was incumbent on the transferee to show the transfer of the debt to him previous to service of process on the garnishee, and that it was proper for the court to require this question to be presented by the issue. The effect of this decision is, that the validity of the transfer must be alledged by the transferee. It is supposed in argument, that…
2Cited by8 opinions
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Clark v. FewSupreme Court of Alabama · 1878
- Winslow v. BrackenSupreme Court of Alabama · 1876
- Central Bank & Trust Co. v. Alabama Broom & Mattress Co.Supreme Court of Alabama · 1920
- Kirksey v. DuboseSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.